Substance Abuse and Licensing in California

Get Valuable Information from Our Irvine Defense Lawyers

Due to the increase in opioid abuse, California physicians are now under
strict scrutiny, personally and professionally. The Medical Board of California
has recently altered the way they deal with physicians who are suspected
of issues with controlled substances and/or alcohol. At the Law Office
of Pilchman & Kay, A Professional Law Corporation, our Irvine medical
board defense attorneys are dedicated to helping you in every way we can.
We list down some frequently asked questions by our past clients to help
you navigate through the whole legal process.

If you wish to discuss your case in person, schedule a free consultation
with our firm at (949) 558-0042.

Does the Medical Board of California Offer Diversion for Physicians?

No. Due to budget cuts and lack of funding, the California Medical Board
does not have a diversion program. The most severe consequence of not
having a diversion program is that physicians who suffer from substance
abuse can no longer work toward sobriety anonymously in a diversion program.
Instead, an Accusation is filed against the physician making the issue
public and one of discipline. Due to the public nature of the Accusation
in conjunction with no diversion, most physicians suffering from substance
abuse will not seek the help they need.

What Happens if the California Medical Board Suspects a Physician is Addicted
to Alcohol or Drugs?

The medical board has many ways in which to deal with substance abuse.
First, the board can request and Interim Suspension Order “ISO.”
If the board files an ISO, the physician is automatically and immediately
entitled to a hearing. This hearing is conducted before an administrative
law judge “ALJ” and both the board and the physician have
the ability to present evidence to the ALJ in support of their position.
Obviously, the board will present evidence that the physician is a danger
to the public should he or she continue to practice medicine. The physician,
on the other hand, will present evidence that either they do not have
a substance abuse issue or that they are currently undergoing treatment
for substance abuse and have employed mechanisms to ensure compliance
with the treatment.

Such compliance could include:

Random drug testing

Practice monitor

Counseling

Abstention from drugs and alcohol

The second way the medical board handles substance abuse is to seek a Penal
Code Section 23 order. Penal Code Section 23 gives a judicial officer
the power to sanction the license of a physician who has pending criminal
charges. The offense can be either a misdemeanor or a felony and the crime
does not have to be substance abuse related. For example, if a physician
is arrested for domestic violence, and if the board learns that the incident
resulted due to the excessive use of drugs or alcohol, the board can ask
the criminal judge to restrict the physician from practicing medicine
while the case is pending.

The final way in which the board can handle the suspected addiction of
a physician is to file an accusation. An accusation is a formal charging
document alleging conduct in violation of the Medical Practice Act. Once
an accusation is filed, it becomes public record and is reported to the
National Practitioner Data Bank. If an accusation is filed, the physician
has the right to have a hearing before an administrative law judge where
they could present evidence that there is insufficient evidence to support
the allegations or that the physician has taken measures toward rehabilitation.

What is the Typical Punishment for Physicians Who Suffer from Addiction?

As mentioned previously, the Medical Board of California has established
new disciplinary guidelines to deal with physicians who suffer addiction.
These guidelines are supposed to establish a clear, unified plan for substance-abusing
physicians. One of the new guidelines is a term that requires physicians
to undergo a diagnostic evaluation. This evaluation is to assess what,
if any, substance abuse issues are present and what course of treatment
to offer. The evaluator is not tasked with conducting the evaluation until
after the physician has been placed on probation. In addition, the physician
is not allowed to practice until the evaluation is complete and a recommendation
by the evaluator that the physician is safe to practice, which could take
up to several weeks.

An additional term of probation under the new guidelines is a requirement
that the physician undergoes daily drug/alcohol testing. A physician is
immediately suspended from the practice of medicine and cannot return
to the practice of medicine until the physician has completed 30 consecutive
days of clean testing. This may even be the case despite the fact that
most cases before the medical board do not resolve within 12 months of
the filing of an Accusation.

The biggest problem with the new disciplinary guidelines is that not all
substance abusers are equal and trying to fit one standard that applies
to everybody, is just plain nonsense. The reality is, most physicians
have sought and are being treated for substance abuse during the pendency
of their Accusation. Further, it is likely their Irvine attorney has advised
them of the steps necessary to be in compliance with the board’s
guidelines before accepting to stipulate to being on probation. That being
said, a physician who is a year into “verified sobriety” should
not be punished with a 30-day suspension and diagnostic evaluation.

Will the Medical Board of California Dismiss My Accusation if I Am Sober?

Unfortunately, probably not. While it is commendable that a physician has
taken steps toward sobriety, once an Accusation is filed, the board will
want to impose their terms and conditions for a period of time, typically
five to seven years.

Can I Petition to Terminate Probation Early?

Yes. Depending on the length of probation, a physician can seek penalty
relief. Penalty relief is either asking an administrative law judge to
terminate probation entirely or terminate a term of probation. If the
physician is placed on probation for three or more years, penalty relief
can be sought after two years of successful completion of probation. If
probation was for less than three years, penalty relief can be sought
after a year of successful completion of probation.

What Can I Do If I am a Physician Who Suffers From Addiction?

Call our office today. We are
California medical license defense attorneys in Irvine and we can put together a sobriety plan that
will assist you, whether there has been an Accusation filed or not.

For more information on how the Law Office of Pilchman & Kay, A Professional
Law Corporation​, can help you,
contact (949) 558-0042 to schedule a free, confidential consultation.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.

x

⚠

Your browser is out of date. To get the full experience of this website,
please update to most recent version.